land expropriation

Illegal buildings have always been the buildings that are prone to disputes during land acquisition and demolition. Due to historical issues, some houses are considered illegal buildings and will not be compensated. Some buildings are indeed illegal buildings and should be demolished. So, which departments should carry out forced demolition of illegal buildings, and which departments have the authority to demolish? 1. The land management department of the local people's government at or above the county level 3354 Land and Resources Administration: has the power to exercise land management rights on behalf of the state, and has the power to investigate and deal with illegal land occupation.

If there is one of the illegal land occupation construction situations stipulated in Articles 74, 76, and 77 of the "Land Management Law", the Land and Resources Bureau may make a penalty decision in accordance with the law and order correction, control, stop construction within a time limit, or demolish the newly built buildings and other facilities on the illegal land. However, demolition lawyers remind everyone that the Land and Resources Bureau has no authority to demolish illegal buildings and facilities on its own.

If the construction unit or individual does not sue or dismantle it on its own within the expiration of the litigation period, it shall apply to the people's court for compulsory enforcement in accordance with the provisions of Article 83 of the Land Management Law. The urban and rural planning administrative department of the local people's government at or above the second county level 3354 Urban and Rural Planning Bureau: has the power to investigate and deal with illegal temporary buildings (structures) and violations of planning construction in urban planning areas.

According to the provisions of Articles 64 and 66 of the Urban and Rural Planning Law, administrative penalties such as ordering to stop construction, making corrections within a time limit, fines, dismantling within a time limit, confiscation of physical objects or illegal gains, etc. may be imposed based on specific circumstances. However, if the parties fail to stop construction or demolition in accordance with the penalty decision, the Urban and Rural Planning Bureau cannot directly demolish and need to apply to the local people's government at or above the county level where the construction project is located in accordance with Article 68 of the Urban and Rural Planning Law. The county government will instruct relevant departments to take measures such as sealing off the construction site and forcing demolition.

Sanxiang Township People's Government: It is the main body that investigates and punishes violations of planning and construction in townships and village planning areas. According to the provisions of Article 65 of the Urban and Rural Planning Law, if a rural construction planning permit is not obtained in accordance with the law or construction is not carried out in accordance with the provisions of the rural construction planning permit in a township or village planning area, the township or town people's government shall order it to stop construction and make corrections within a time limit; if corrections are not made within the time limit, it may be demolished.

The Housing and Urban-Rural Development Bureau (Commission) of the construction administrative department of the people's government at or above the county level where the 43354 project is located: For illegal activities that fail to handle construction permit procedures in accordance with the law, it has the right to make punishment decisions such as ordering corrections, stopping construction, and fines in accordance with Article 64 of the "Construction Law". After a building is determined to be illegal, it is first necessary to make a preliminary judgment based on relevant legal knowledge whether the identification procedure is legal.

Once illegality is determined and demolition procedures are illegal, you must seek help from a lawyer promptly and protect your legitimate rights and interests through professional legal knowledge.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you want to know more about this, you can consult a lawyer on this site for one-on-one online consultation.